82 FR 44456 - Notice of Inventory Completion: Alabama Department of Transportation, Montgomery, AL

DEPARTMENT OF THE INTERIOR
National Park Service

Federal Register Volume 82, Issue 183 (September 22, 2017)

Page Range		44456-44457
FR Document		2017-20302

The Alabama Department of Transportation has completed an inventory of human remains in consultation with the appropriate Indian tribes or Native Hawaiian organizations, and has determined that there is no cultural affiliation between the human remains and any present day Indian tribes or Native Hawaiian organizations. Representatives of any Indian tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request to the Alabama Department of Transportation. If no additional requestors come forward, transfer of control of the human remains to the Indian tribes or Native Hawaiian organizations stated in this notice may proceed.

Federal Register, Volume 82 Issue 183 (Friday, September 22, 2017)

[Federal Register Volume 82, Number 183 (Friday, September 22, 2017)]
[Notices]
[Pages 44456-44457]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20302]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-NPS0023948; PPWOCRADN0-PCU00RP14.R50000]


Notice of Inventory Completion: Alabama Department of 
Transportation, Montgomery, AL

AGENCY: National Park Service, Interior.

ACTION: Notice.

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SUMMARY: The Alabama Department of Transportation has completed an 
inventory of human remains in consultation with the appropriate Indian 
tribes or Native Hawaiian organizations, and has determined that there 
is no cultural affiliation between the human remains and any present 
day Indian tribes or Native Hawaiian organizations. Representatives of 
any Indian tribe or Native Hawaiian organization not identified in this 
notice that wish to request transfer of control of these human remains 
should submit a written request to the Alabama Department of 
Transportation. If no additional requestors come forward, transfer of 
control of the human remains to the Indian tribes or Native Hawaiian 
organizations stated in this notice may proceed.

DATES: Representatives of any Indian tribe or Native Hawaiian 
organization not identified in this notice that wish to request 
transfer of control of these human remains should submit a written 
request with information in support of the request to the Alabama 
Department of Transportation at the address in this notice by October 
23, 2017.

ADDRESSES: William B. Turner, Alabama Department of Transportation, 
1409 Coliseum Boulevard, Montgomery, AL 36110, telephone (334) 242-
6144, email turnerw@dot.state.al.us.

SUPPLEMENTARY INFORMATION: Notice is here given in accordance with the 
Native American Graves Protection and Repatriation Act (NAGPRA), 25 
U.S.C. 3003, of the completion of an inventory of human remains under 
the control of the Alabama Department of Transportation, Montgomery, 
AL. The human remains were removed from the Whitesburg Bridge Site 
(1Ma10), Madison County, AL.
    This notice is published as part of the National Park Service's 
administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3) and 
43 CFR 10.11(d). The determinations in this notice are the sole 
responsibility of the museum, institution, or Federal agency that has 
control of the Native American human remains. The National Park Service 
is not responsible for the determinations in this notice.

Consultation

    A detailed assessment of the human remains was made by the 
Tennessee Valley Authority and Alabama Department of Transportation 
staff professionals in consultation with representatives of the 
Cherokee Nation, Eastern Band of Cherokee Indians, The Chickasaw 
Nation, The Muscogee (Creek) Nation, and United Keetoowah Band of 
Cherokee Indians in Oklahoma.

History and Description of the Remains

    In April of 2012, human remains representing, at minimum, one 
individual were removed from the Whitesburg Bridge site (1Ma10) in 
Madison County, AL. On April 23, 2012, Tennessee Valley Authority (TVA) 
ARPA Investigations received a call from the Huntsville Police 
Department regarding illegal digging of a gravesite on the river bank 
at the Whitesburg Bridge in Huntsville, AL. Huntsville Police collected 
a portion of the human remains that were exposed in the river bank. The 
human remains were transferred to Alabama Department of Forensic 
Sciences (DFS) for identification. On April 25, 2012, TVA archeologists 
examined the site to assess the damage and determine if the location 
was on State or Federal land. After discussions between TVA and the 
Alabama Department of Transportation (ALDoT), it was decided that, 
because of evidence of active illegal digging at the site, TVA would 
excavate the rest of the human remains. The remaining human remains 
were excavated on April 26, 2012, by TVA archeologists and the site was 
covered with vegetation. A portion of the burial remained within the 
intact shell midden. Discoloration of some of the bone recovered on the 
river bank suggests that a portion of the burial had eroded out of the 
shoreline and was exposed to sun. A TVA Police Investigator collected 
the remaining human remains from DFS. TVA archeologist/osteologist 
Michaelyn

[[Page 44457]]

Harle analyzed the human remains and determined that the skeletal 
morphology is consistent with prehistoric Native American and not 
considered forensic in nature. Subsequent survey by Alabama Department 
of Transportation surveyors established that the human remains were 
barely inside ALDoT right-of-way. Consequently, on July 10, 2012, ALDoT 
took possession of the human remains from TVA.

Determinations Made by the Alabama Department of Transportation

    Officials of the Alabama Department of Transportation have 
determined that:
     Pursuant to 25 U.S.C. 3001(9), the human remains described 
in this notice are Native American based on a recorded archeological 
site, visual osteomorphological structure of the long bones, and the 
significant occlusal wear on the dentition.
     Pursuant to 25 U.S.C. 3001(2), a relationship of shared 
group identity cannot be reasonably traced between the Native American 
human remains and any present-day Indian tribe.
     According to final judgments of the Indian Claims 
Commission or the Court of Federal Claims, the land from which the 
Native American human remains were removed is the aboriginal land of 
the Cherokee Nation, Eastern Band of Cherokee Indians, The Chickasaw 
Nation, The Muscogee (Creek) Nation, and United Keetoowah Band of 
Cherokee Indians in Oklahoma.
     Pursuant to 43 CFR 10.11(c)(1), the disposition of the 
human remains may be to the Cherokee Nation, Eastern Band of Cherokee 
Indians, The Chickasaw Nation, The Muscogee (Creek) Nation, and United 
Keetoowah Band of Cherokee Indians in Oklahoma.

Additional Requestors and Disposition

    Representatives of any Indian tribe or Native Hawaiian organization 
not identified in this notice that wish to request transfer of control 
of these human remains should submit a written request with information 
in support of the request to William B. Turner, Alabama Department of 
Transportation, 1409 Coliseum Boulevard, Montgomery, AL 36110, 
telephone (334) 242-6144, email turnerw@dot.state.al.us, by October 23, 
2017. After that date, if no additional requestors have come forward, 
transfer of control of the human remains to the Cherokee Nation, 
Eastern Band of Cherokee Indians, The Chickasaw Nation, The Muscogee 
(Creek) Nation, and United Keetoowah Band of Cherokee Indians in 
Oklahoma may proceed.
    The Alabama Department of Transportation is responsible for 
notifying the Cherokee Nation, Eastern Band of Cherokee Indians, The 
Chickasaw Nation, The Muscogee (Creek) Nation, and United Keetoowah 
Band of Cherokee Indians in Oklahoma that this notice has been 
published.

    Dated: August 3, 2017.
Melanie O'Brien,
Manager, National NAGPRA Program.
[FR Doc. 2017-20302 Filed 9-21-17; 8:45 am]
 BILLING CODE 4312-52-P

44456 Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Notices

athapascan) or Upland Takelma/ Oregon (previously listed as the of human remains under the control of
Latgawa or Shasta peoples, based on Confederated Tribes of the Siletz the Alabama Department of
artifacts and the site location. Reservation); Confederated Tribes of the Transportation, Montgomery, AL. The
A relationship of shared group Grand Ronde Community of Oregon; human remains were removed from the
identity can be reasonably traced and Quartz Valley Indian Community of Whitesburg Bridge Site (1Ma10),
between this identifiable earlier group the Quartz Valley Reservation of Madison County, AL.
of people and the Confederated Tribes California that this notice has been This notice is published as part of the
of Siletz Indians of Oregon (previously published. National Park Service’s administrative
listed as the Confederated Tribes of the responsibilities under NAGPRA, 25
Dated: August 14, 2017.
Siletz Reservation) and the U.S.C. 3003(d)(3) and 43 CFR 10.11(d).
Sarah Glass,
Confederated Tribes of the Grand Ronde The determinations in this notice are
Community of Oregon. In addition, Acting Manager, National NAGPRA Program. the sole responsibility of the museum,
according to final judgments of the [FR Doc. 2017–20293 Filed 9–21–17; 8:45 am] institution, or Federal agency that has
Indian Claims Commission, the land BILLING CODE 4312–52–P control of the Native American human
from which the human remains were remains. The National Park Service is
removed is within the aboriginally not responsible for the determinations
occupied lands of the Confederated DEPARTMENT OF THE INTERIOR in this notice.
Tribes of Siletz Indians of Oregon Consultation
National Park Service
(previously listed as the Confederated
Tribes of the Siletz Reservation) and the [NPS–WASO–NAGPRA–NPS0023948; A detailed assessment of the human
Confederated Tribes of the Grand Ronde PPWOCRADN0–PCU00RP14.R50000] remains was made by the Tennessee
Community of Oregon. Valley Authority and Alabama
Notice of Inventory Completion: Department of Transportation staff
Determinations Made by the USDA, Alabama Department of professionals in consultation with
Forest Service, Rouge River-Siskiyou Transportation, Montgomery, AL representatives of the Cherokee Nation,
National Forest Eastern Band of Cherokee Indians, The
AGENCY: National Park Service, Interior.
Officials of the Rogue River-Siskiyou Chickasaw Nation, The Muscogee
ACTION: Notice. (Creek) Nation, and United Keetoowah
National Forest have determined that:
• Pursuant to 25 U.S.C. 3001(9), the SUMMARY: The Alabama Department of Band of Cherokee Indians in Oklahoma.
human remains described in this notice Transportation has completed an History and Description of the Remains
represent the physical remains of three inventory of human remains in
individuals of Native American In April of 2012, human remains
consultation with the appropriate
ancestry. representing, at minimum, one
Indian tribes or Native Hawaiian
• Pursuant to 25 U.S.C. 3001(2), there organizations, and has determined that
individual were removed from the
is a relationship of shared group Whitesburg Bridge site (1Ma10) in
there is no cultural affiliation between Madison County, AL. On April 23, 2012,
identity that can be reasonably traced the human remains and any present day
between the Native American human Tennessee Valley Authority (TVA)
Indian tribes or Native Hawaiian ARPA Investigations received a call
remains and the Confederated Tribes of organizations. Representatives of any
Siletz Indians of Oregon (previously from the Huntsville Police Department
Indian tribe or Native Hawaiian regarding illegal digging of a gravesite
listed as the Confederated Tribes of the organization not identified in this notice
Siletz Reservation) and Confederated on the river bank at the Whitesburg
that wish to request transfer of control Bridge in Huntsville, AL. Huntsville
Tribes of the Grand Ronde Community of these human remains should submit
of Oregon. Police collected a portion of the human
a written request to the Alabama remains that were exposed in the river
Additional Requestors and Disposition Department of Transportation. If no bank. The human remains were
additional requestors come forward, transferred to Alabama Department of
Lineal descendants or representatives
transfer of control of the human remains Forensic Sciences (DFS) for
of any Indian Tribe or Native Hawaiian
to the Indian tribes or Native Hawaiian identification. On April 25, 2012, TVA
organization not identified in this notice
organizations stated in this notice may archeologists examined the site to assess
that wish to request transfer of control
proceed. the damage and determine if the
of these human remains should submit
a written request with information in DATES: Representatives of any Indian location was on State or Federal land.
support of the request to Robert tribe or Native Hawaiian organization After discussions between TVA and the
MacWhorter, Forest Supervisor, Rogue not identified in this notice that wish to Alabama Department of Transportation
River-Siskiyou National Forest, 3040 request transfer of control of these (ALDoT), it was decided that, because of
Biddle Road, Medford, OR 97501, human remains should submit a written evidence of active illegal digging at the
telephone (541) 618–2030, email request with information in support of site, TVA would excavate the rest of the
rmacwhorter@fs.fed.us, by October 23, the request to the Alabama Department human remains. The remaining human
2017. After that date, if no additional of Transportation at the address in this remains were excavated on April 26,
requestors have come forward, transfer notice by October 23, 2017. 2012, by TVA archeologists and the site
of control of the human remains to the ADDRESSES: William B. Turner, Alabama was covered with vegetation. A portion
Confederated Tribes of Siletz Indians of Department of Transportation, 1409 of the burial remained within the intact
Oregon (previously listed as the Coliseum Boulevard, Montgomery, AL shell midden. Discoloration of some of
Confederated Tribes of the Siletz 36110, telephone (334) 242–6144, email the bone recovered on the river bank
Reservation) and Confederated Tribes of turnerw@dot.state.al.us. suggests that a portion of the burial had
the Grand Ronde Community of Oregon SUPPLEMENTARY INFORMATION: Notice is eroded out of the shoreline and was
may proceed. here given in accordance with the exposed to sun. A TVA Police
The Rogue River-Siskiyou National Native American Graves Protection and Investigator collected the remaining
Forest is responsible for notifying the Repatriation Act (NAGPRA), 25 U.S.C. human remains from DFS. TVA
Confederated Tribes of Siletz Indians of 3003, of the completion of an inventory archeologist/osteologist Michaelyn

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Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Notices 44457

Harle analyzed the human remains and notifying the Cherokee Nation, Eastern The human remains were removed from
determined that the skeletal morphology Band of Cherokee Indians, The Alamosa County, CO.
is consistent with prehistoric Native Chickasaw Nation, The Muscogee This notice is published as part of the
American and not considered forensic (Creek) Nation, and United Keetoowah National Park Service’s administrative
in nature. Subsequent survey by Band of Cherokee Indians in Oklahoma responsibilities under NAGPRA, 25
Alabama Department of Transportation that this notice has been published. U.S.C. 3003(d)(3) and 43 CFR 10.11(d).
surveyors established that the human Dated: August 3, 2017.
The determinations in this notice are
remains were barely inside ALDoT the sole responsibility of the museum,
Melanie O’Brien,
right-of-way. Consequently, on July 10, institution, or Federal agency that has
Manager, National NAGPRA Program. control of the Native American human
2012, ALDoT took possession of the
[FR Doc. 2017–20302 Filed 9–21–17; 8:45 am] remains. The National Park Service is
human remains from TVA.
BILLING CODE 4312–52–P not responsible for the determinations
Determinations Made by the Alabama in this notice.
Department of Transportation
DEPARTMENT OF THE INTERIOR Consultation
Officials of the Alabama Department
of Transportation have determined that: A detailed assessment of the human
• Pursuant to 25 U.S.C. 3001(9), the National Park Service remains was made by the Luther Bean
human remains described in this notice Museum professional staff in
are Native American based on a [NPS–WASO–NAGPRA–NPS0023845; consultation with representatives of the
PPWOCRADN0–PCU00RP14.R50000] Arapahoe Tribe of the Wind River
recorded archeological site, visual
osteomorphological structure of the long Reservation, Wyoming; Cheyenne and
Notice of Inventory Completion: Luther
bones, and the significant occlusal wear Arapaho Tribes, Oklahoma (previously
Bean Museum, Adams State
on the dentition. listed as the Cheyenne-Arapaho Tribes
University, Alamosa, CO
• Pursuant to 25 U.S.C. 3001(2), a of Oklahoma); Comanche Nation,
relationship of shared group identity AGENCY: National Park Service, Interior. Oklahoma; Jicarilla Apache Nation, New
cannot be reasonably traced between the ACTION: Notice. Mexico; Kewa Pueblo, New Mexico
Native American human remains and (previously listed as the Pueblo of Santo
any present-day Indian tribe. SUMMARY: The Luther Bean Museum has Domingo); Kiowa Indian Tribe of
• According to final judgments of the completed an inventory of human Oklahoma; Navajo Nation, Arizona,
Indian Claims Commission or the Court remains, in consultation with the New Mexico & Utah; Northern
of Federal Claims, the land from which appropriate Indian tribes or Native Cheyenne Tribe of the Northern
the Native American human remains Hawaiian organizations, and has Cheyenne Indian Reservation, Montana;
were removed is the aboriginal land of determined that there is no cultural Ohkay Owingeh, New Mexico
the Cherokee Nation, Eastern Band of affiliation between the human remains (previously listed as the Pueblo of San
Cherokee Indians, The Chickasaw and any present-day Indian tribes or Juan); Pueblo of Acoma, New Mexico;
Nation, The Muscogee (Creek) Nation, Native Hawaiian organizations. Pueblo of Cochiti, New Mexico; Pueblo
and United Keetoowah Band of Representatives of any Indian tribe or of Isleta, New Mexico; Pueblo of Jemez,
Cherokee Indians in Oklahoma. Native Hawaiian organization not New Mexico; Pueblo of Laguna, New
• Pursuant to 43 CFR 10.11(c)(1), the identified in this notice that wish to Mexico; Pueblo of Picuris, New Mexico;
disposition of the human remains may request transfer of control of these Pueblo of Pojoaque, New Mexico;
be to the Cherokee Nation, Eastern Band human remains should submit a written Pueblo of San Ildefonso, New Mexico;
of Cherokee Indians, The Chickasaw request to the Luther Bean Museum. If Pueblo of Sandia, New Mexico; Pueblo
Nation, The Muscogee (Creek) Nation, no additional requestors come forward, of Santa Ana, New Mexico; Pueblo of
and United Keetoowah Band of transfer of control of the human remains Santa Clara, New Mexico; Pueblo of
Cherokee Indians in Oklahoma. to the Indian tribes or Native Hawaiian Taos, New Mexico; Pueblo of Zia, New
organizations stated in this notice may Mexico; San Juan Southern Paiute Tribe
Additional Requestors and Disposition of Arizona; Southern Ute Indian Tribe of
proceed.
Representatives of any Indian tribe or the Southern Ute Reservation, Colorado;
DATES: Representatives of any Indian
Native Hawaiian organization not Ute Indian Tribe of the Uintah & Ouray
tribe or Native Hawaiian organization
identified in this notice that wish to Reservation, Utah; Ute Mountain Ute
not identified in this notice that wish to
request transfer of control of these Tribe (previously listed as the Ute
request transfer of control of these
human remains should submit a written Mountain Tribe of the Ute Mountain
human remains should submit a written
request with information in support of Reservation, Colorado, New Mexico &
request with information in support of
the request to William B. Turner, Utah); and Zuni Tribe of the Zuni
the request to the Luther Bean Museum
Alabama Department of Transportation, Reservation, New Mexico.
at the address in this notice by October
1409 Coliseum Boulevard, Montgomery,
23, 2017. History and Description of the Remains
AL 36110, telephone (334) 242–6144,
email turnerw@dot.state.al.us, by ADDRESSES: Danielle Persinger, Luther In 1962, human remains representing,
October 23, 2017. After that date, if no Bean Museum, 208 Edgemont at minimum, one individual were
additional requestors have come Boulevard, Alamosa, CO 81101, removed from a site in Alamosa County,
forward, transfer of control of the telephone (719) 587–7151, email CO. The human remains were
human remains to the Cherokee Nation, lutherbean@adams.edu. uncovered in the 1960s when an
Eastern Band of Cherokee Indians, The SUPPLEMENTARY INFORMATION: Notice is artificial lake and bathhouse were being
Chickasaw Nation, The Muscogee here given in accordance with the developed. The human remains were
(Creek) Nation, and United Keetoowah Native American Graves Protection and then excavated by two Adams State
Band of Cherokee Indians in Oklahoma Repatriation Act (NAGPRA), 25 U.S.C. University students and brought to the
may proceed. 3003, of the completion of an inventory Luther Bean Museum where they have
The Alabama Department of of human remains under the control of been housed ever since. In 2005, the
Transportation is responsible for the Luther Bean Museum, Alamosa, CO. Museum brought in a graduate student

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Document Created: 2017-09-22 01:52:53
Document Modified: 2017-09-22 01:52:53

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		Representatives of any Indian tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to the Alabama
FR Citation		82 FR 44456

82 FR 44456 - Notice of Inventory Completion: Alabama Department of Transportation, Montgomery, AL

DEPARTMENT OF THE INTERIORNational Park Service

Federal Register Volume 82, Issue 183 (September 22, 2017)

DEPARTMENT OF THE INTERIOR
National Park Service